This post excerpts my book’s discussion of the second failed privacy model. (If you just can’t wait to see all three, or my idea for a better solution, I’ve posted a free copy of the chapter here.) The second way of protecting privacy is to require what’s called a “predicate” for access to information. That’s a […]
Archive | 2010
Arab Christian Group Partly Wins Its Lawsuit Over Anti-Leafleting Rule at Arab International Festival on Dearborn (Michigan) City Property
This is the story I blogged about last year; the latest is this Sixth Circuit decision from Thursday, June 17, Saieg v. City of Dearborn: George Saieg is a minister whose religious practice includes proclaiming Christian beliefs to Muslims. Saieg wants to distribute religious leaflets at the 15th annual Dearborn Arab International Festival (“Festival”) to […]
Calling Bull Switch
Much of this post has already been published by Glenn Reynolds, who generously cast me as Marshall McLuhan in a debate between him and Andrew Sullivan about the Lieberman-Collins cybersecurity bill. But Glenn doesn’t encourage comments, and experience suggests that there are several commenters who would burst a gasket if they couldn’t explain just how wrong Stewart Baker’s […]
FedSoc v. ACS
After live-blogging much of the American Constitution Society’s annual convention, Josh Blackman says he sensed a difference in “tone” from Federalist Society conferences, particularly from the leadership. While I am not sure that the difference is quite that which he identifies (I’ve heard my share of polemics at Federalist Society gatherings), the differences are real […]
We Wuz Robbed!
We really wuz – er, were. A truly stirring US comeback from a 2-0 deficit in its game against Slovenia was spoiled by an indefensible and inexplicable call by the Malian referee, disallowing what would have been the Americans’ third goal. Replays from every conceivable angle confirmed what most viewers thought at the time — […]
The Flawed Antitrust Economics of the Durbin Price Control Amendment:
Josh Wright and I have a column in today’s Washington Times critiquing the economics of the Durbin interchange fees price control amendment. There are some interesting theoretical arguments about interchange fees (and very little empirical arguments). The argument that the market is a “duopoly” that exploits merchants, however, is not one of them.
Stoneridge Survives (for Now)
Professor Bainbridge reports that the Supreme Court’s 2008 decision in Stoneridge Investment Partners v. Scientific-Atlanta has (at least for now) survived legislative efforts to over turn it, and explains why this is a good thing. Some prior VC posts on Stoneridge can be found here, here, and here.
Live-Blogging ACS
Josh Blackman is live-blogging the American Constitution Society national convention at his blog. Alas, he won’t be covering my panel (Orin’s is more interesting I suppose), so I may have to live blog that myself. UPDATE: Josh Blackman’s coverage of Randy Barnett’s debate with Jack Balkin on the constitutionality of the individual mandate is here […]
Dale Peterson Returns, Even Worse
Alabama Agriculture Commissioner candidate Dale Peterson, who finished third in the primary, is back with a new ad endorsing one of the two candidates in the run-off. Were I an Alabama Republican, the ad would not make me more inclined to vote for John McMillan, whom Peterson endorses. Compared to the first ad, the second […]
Drudge and Huffington Post Push the “Internet BS Switch”
Suddenly the Internet is full of chatter about Senator Lieberman (and Collins and Carper) proposing an “Internet kill switch.” It’s the one issue that Huffington Post and Drudge have agreed on in months: there’s a kill switch coming and they don’t like it. Personally, any time the left and the right get together to complain […]
A Timely Lord of the Rings Analogy
Ian Murray of the Competitive Enterprise Institute makes this analogy between our current situation and the Lord of The Rings [HT: Instapundit]: [W]ith even liberal anger against the President growing, perhaps the analogy at the end of this Daily Show segment is worth considering further. The orcs who are despoiling the free enterprise system draw […]
Unclear Outcome in Key Supreme Court Property Rights Case
By Ilya Somin on June 17, 2010 4:55 pm in Due Process Clause Property Rights, Property Rights, Supreme Court
The Supreme Court has just issued its opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection, a key property rights case. Unfortunately, the most important constitutional issue at stake – what, if any government actions count as “judicial takings” remains mostly unresolved. I summarized the facts of the case here: Under Florida’s […]
A Funny Thing About “Substantive Due Process”
By David Bernstein on June 17, 2010 2:09 pm in Constitutional History, Constitutional Law, Economic LIberties, Originalism, Rehabilitating Lochner
In his Stop the Beach opinion, Justice Scalia writes, “The first problem with using Substantive Due Process to do the work of the Takings Clause is that we have held it cannot be done.” But hold on! The Takings Clause does not apply to the states. The Fourteenth Amendment’s Due Process Clause applies to the […]
So Why Not Roe?
By David Bernstein on June 17, 2010 1:50 pm in Constitutional History, Constitutional Law, Due Process Clause Property Rights, Just Compensation Clause, Property Rights, Rehabilitating Lochner
In today’s Stop the Beach opinion, Justice Scalia (joined by the other three conservatives) criticizes Justice Kennedy for arguing that what Scalia consider “judicial takings” should instead be handled as violation of the Due Process Clause: The second problem is that we have held for many years (logically or not) that the “liberties” protected by […]
Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition
I’m delighted to report that this article, which I blogged about a few weeks ago, will be published in the Iowa Law Review. You can cite it, should you wish to, as Eugene Volokh, Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition, 96 Iowa L. Rev. (forthcoming 2010), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1626294. […]